State of Tennessee v. Philip Michael Martinez

A Gibson County Grand Jury indicted the Defendant, Phillip Michael Martinez, for attempted aggravated sexual battery in Count 1 and solicitation of a minor in Count 2. Prior to trial, the State entered a nolle prosequi for the solicitation of a minor charge. At the conclusion of trial, the jury found the Defendant guilty as charged of the attempted aggravated sexual battery count. See Tenn. Code Ann. §§ 39-12-101; 39-13-504(a)(4). Thereafter, the trial court sentenced the Defendant to three years’ incarceration at thirty percent release eligibility, sentenced him to community supervision for life, and ordered him to register as a sexual offender for life. On appeal, the Defendant argues: (1) the trial court erred in allowing the forensic interviewer to testify as an expert; (2) the trial court erred in admitting the victim’s forensic interview as substantive evidence; (3) the trial court erred in instructing the jury on flight; (4) the State made two improper comments during its closing argument; and (5) the evidence is insufficient to sustain his conviction because the proof failed to show that he acted for the purpose of sexual arousal or gratification. After review, we affirm the judgment of the trial court.